BILL NUMBER: AB 1238	CHAPTERED  07/28/99

	CHAPTER   197
	FILED WITH SECRETARY OF STATE   JULY 28, 1999
	APPROVED BY GOVERNOR   JULY 27, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Committee on Agriculture (Cardoza (Chair), Maldonado
(Vice Chair), Brewer, Florez, Reyes, Thomson, and Wiggins)

                        FEBRUARY 26, 1999

   An act to amend Sections 27571 and 27644 of, and to add Sections
27522 and 27523 to, the Food and Agricultural Code, and to amend
Section 113997 of the Health and Safety Code, relating to
agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1238, Committee on Agriculture.  Eggs.
   (1) Existing law requires the Secretary of Food and Agriculture to
appoint a Shell Egg Advisory Committee consisting of 7 members, 6 of
whom are selected by the secretary from egg handlers.
   This bill would require the secretary to appoint 2 alternates who
may serve in the absence of any of the egg handler representatives on
the committee.
   (2) Existing law makes it unlawful for an egg handler to sell,
offer for sale, or expose for sale eggs that are packed or graded for
human consumption unless certain requirements are met.  Existing law
makes it unlawful for an egg handler, as defined, to sell, offer for
sale, or expose for sale eggs that are packed for human consumption
unless each container intended for sale to the ultimate consumer is
labeled with, among other information, a "sell-by date" and the
identification number of the plant of origin, except as prescribed.
   This bill would provide that these provisions do not apply to eggs
that are packaged for export and that the "sell-by date" requirement
does not apply to eggs that are packaged for interstate commerce.
   The bill would require the Department of Food and Agriculture, in
consultation with the Shell Egg Advisory Committee, to establish a
plant identification numbering system and to assign identification
numbers to all egg handling facilities.  The bill would authorize an
egg handling facility that is inspected by the United States
Department of Agriculture, and to which a federal plant
identification number has been assigned, to use that federal
identification number, the identification number assigned by the
Department of Food and Agriculture, or both, for the purposes of
complying with that container labeling requirement.
   (3) Existing law, commencing on January 1, 1998, and until January
1, 2000, requires, with certain exceptions, raw shell eggs to be
stored and displayed at or below a specified ambient temperature.
Existing law makes a violation of this requirement a misdemeanor.
   This bill would delete the January 1, 2000, date, thereby
continuing the provision indefinitely, and thereby imposing a
state-mandated local program by continuing the above-described crime.

  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27522 is added to the Food and Agricultural
Code, to read:
   27522.  "Eggs that are packaged for export" means those eggs
destined for conveyance to any location outside the United States or
its territories.
  SEC. 2.  Section 27523 is added to the Food and Agricultural Code,
to read:
   27523.  "Eggs that are packaged for interstate commerce" means
those eggs destined for sale outside the state.
  SEC. 3.  Section 27571 of the Food and Agricultural Code is amended
to read:
   27571.  (a) The secretary shall appoint a Shell Egg Advisory
Committee consisting of seven members, six of whom shall be selected
by the secretary from egg handlers and be representative of the egg
industry.  The secretary shall appoint two alternates who may serve
in the absence of any of the six egg handler representatives.  The
California Agricultural Commissioners Association shall annually
designate one of its members who shall serve in a nonvoting capacity
as the seventh member of the committee.  The secretary may appoint
one additional member on the committee, who shall be a public member.
  The members of the committee shall receive no salary.
   (b) Upon the secretary's request, the committee shall submit to
the secretary the names of three or more natural persons, each of
whom shall be a citizen and resident of this state and not a
producer, shipper, or processor nor financially interested in any
producer, shipper, or processor, for appointment by the secretary as
a public member of the committee.  The secretary may appoint one of
the nominees as the public member on the committee.  If all nominees
are unsatisfactory to the secretary, the committee shall continue to
submit lists of nominees until the secretary has made a selection.
Any vacancy in the office of the public member of the committee shall
be filled by appointment by the secretary from the nominee or
nominees similarly qualified submitted by the committee.  The public
member of the committee shall represent the interests of the general
public in all matters coming before the committee and shall have the
same voting and other rights and immunities as other members of the
committee.
  SEC. 4.  Section 27644 of the Food and Agricultural Code is amended
to read:
   27644.  (a) It is unlawful for an egg handler, as defined in
Section 27510, to sell, offer for sale, or expose for sale eggs that
are packed or graded for human consumption unless at least one of the
following conditions is met:
   (1) The consumer container is plainly, legibly, and conspicuously
labeled "KEEP REFRIGERATED" or with words of similar meaning.
   (2) A conspicuous sign is posted at the point of sale for eggs on
bulk display advising consumers that the eggs are to be refrigerated
as soon as practical after purchase.
   (b) Except as provided in subdivision (c), it is unlawful for an
egg handler to sell, offer for sale, or expose for sale eggs that are
packed for human consumption unless each container intended for sale
to the ultimate consumer is labeled on one outside top, side, or end
with all of the following:
   (1) (A) The words "Sell-by" immediately followed by the month and
day in bold type, for example "June 30" or "6-30."  Common
abbreviations of months shall be permitted.
   (B) The sell-by date shall not exceed 30 days from the date on
which the eggs were packed, excluding the date of packing.
   (C) If the eggs are repacked but not regraded, the original
sell-by date shall apply.
   (2) A Julian pack date.  As used in this paragraph, the Julian
pack date is the consecutive day of the year on which the eggs were
packed.
   (3) The identification number of the plant of origin.
   (c) This section does not apply to eggs that are packaged for
export.  Paragraph (1) of subdivision (b) does not apply to eggs that
are packaged for interstate commerce or eggs that are packaged for
military sales.
   (d) All eggs returned from grocery stores, store warehouses, and
institutions shall not be reprocessed for retail shell egg sales.
   (e) (1) For the purposes of paragraph (3) of subdivision (b), the
department, in consultation with the Shell Egg Advisory Committee,
shall establish a plant identification numbering system and assign
identification numbers to all egg handling facilities.
   (2) For the purposes of complying with paragraph (3) of
subdivision (b), an egg handling facility that is inspected by the
United States Department of Agriculture, and to which a federal plant
identification number has been assigned, may use the federal
identification number, the identification number assigned by the
department, or both.
  SEC. 5.  Section 113997 of the Health and Safety Code is amended to
read:
   113997.  (a) Commencing January 1, 1998, raw shell eggs shall be
stored and displayed at an ambient temperature of 7 degrees Celsius
(45 degrees Fahrenheit) or below.
   (b) Notwithstanding subdivision (a), raw shell eggs may be stored
and displayed unrefrigerated if all of the following conditions are
met:
   (1) Not more than four days have elapsed from the date of pack.
   (2) The eggs were not previously refrigerated.
   (3) The eggs are not stored or displayed at an ambient temperature
above 32 degrees Celsius (90 degrees Fahrenheit).
   (4) Retail egg containers are prominently labeled "REFRIGERATE
AFTER PURCHASE" or a conspicuous sign is posted advising consumers
that these eggs are to be refrigerated as soon as practical after
purchase.
   (5) Retail egg containers are conspicuously identified with the
date of the pack.
   (6) Any eggs that are unsold after four days from the date of the
pack shall be stored and displayed pursuant to subdivision (a),
diverted to pasteurization, or destroyed in a manner approved by the
enforcement agency.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
